Were you injured on another person’s property in Mineola, NY? Call our Mineola premises liability lawyer for a free consultation.
When you enter another person’s property in Mineola, NY, you expect to have a safe experience. Property owners are responsible for removing or mitigating hazards that can lead to accidents. When you experience an injury due to a lingering hazard, the property owner may be liable for your damages.
At the Law Office of Frank J. Cassisi, P.C., we help clients move forward after serious property accidents. We can help you hold the property owner accountable and maximize your compensation. Contact our premises liability lawyer in Mineola, NY, today for assistance.
What Is Premises Liability?
Premises liability is a form of personal injury in which an accident occurs from a property owner’s negligence.
Property owners, tenants, and lessees have a duty of care to all parties who legally enter their premises. This duty of care requires them to reasonably mitigate hazards that could cause an accident.
When a property owner fails to maintain safe premises, and an accident occurs, they may be liable for the costs incurred from the accident. Some property owners carry liability insurance to cover these types of accidents. If the negligent property owner, in your case, did not have sufficient liability insurance at the time of the accident, you may have the right to take legal action.
Common types of premises liability accidents include:
- Slip-and-fall accidents
- Swimming pool accidents
- Elevator incidents
- Negligent security events
- Dog attacks
- Inadequate maintenance incidents
- Fires
- Construction site accidents
According to the U.S. Consumer Product Safety Commission, 71% of fatal drowning incidents occur at residential locations, such as a family or friend’s house. Dog bites are surprisingly common in New York, with the state having the sixth-highest number of dog bites in the U.S.
If you are the victim of a premises liability incident, you need an experienced attorney on your side to help you through the compensation process. Our Mineola premises liability lawyers are here to fight for your rights to compensation.
Building a Strong Premises Liability Case in Mineola
Our attorneys can help you build a case against the at-fault party in your premises liability accident. Premises liability law hinges on a few criteria; we can gather evidence to prove that:
- The property owner owed you a duty of care
- The property owner breached their duty of care
- An accident occurred due to the breach
- You suffered injuries in the accident
Property owners owe the highest duty of care to invitees to the property for business purposes or personal reasons. Examples may include a customer at a store or a friend who was invited over for a party.
They also owe a duty of care to licensees, who lawfully enter the property for their own benefit. Examples may include a person who enters a convenience store to use the restroom or a salesperson who enters someone’s home to share about their products.
Proving a Breach of Duty of Care
As long as you were lawfully on the property, the property owner owes you a duty of care. They breached that duty if they failed to take reasonable steps to mitigate a hazard that caused your injury. This may be true if:
- The property owner knew about the hazard
- The property owner reasonably should have known about the hazard
- The hazard existed long enough for the property owner to find out about it
- A reasonable person would see the premises as dangerous due to the existence of the hazard
Tying Injuries to the Accident
We can help tie your injuries to the accident using your medical records as evidence. The defendant may claim that your injuries were pre-existing or not as severe as you say they are. We can counter these claims with clear evidence from your medical provider.
Finally, we can provide medical bills and other documentation to highlight your damages from the accident, showing exactly how much money the defendant owes you.
We Can Help You Maximize Your Compensation
The average premises liability jury award in 2020 was over $800,000. Depending on the severity of the accident, you may have the right to a significant amount of compensation.
Our Mineola premises liability lawyers can pursue economic and non-economic damages on your behalf. Economic damages may include:
- Medical bills
- Time off work
- Lost earning capacity
- Property damage
Non-economic damages cover the costs of the accident that don’t have a direct price tag, such as:
- Pain and suffering
- Loss of quality of life
- Emotional distress
- Mental anguish
New York is a comparative negligence state, which means if the insurance company or judge finds you partially at fault for the accident, your damages will be reduced by that amount. For example, if you receive a 20% fault determination, you can only claim 80% of your damages.
Allow our attorneys to dispute any claims of fault against you and help maximize your compensation.
Contact Our Mineola Premises Liability Lawyers Today
Are you ready to start moving forward from your premises liability accident? Our Mineola premises liability lawyers can take the burden of the compensation process off your shoulders. Contact the Law Office of Frank J. Cassisi, P.C., today at 516-294-5050 for a free consultation, then read our guide on understanding slip-and-fall accidents on construction sites.
Frequently Asked Questions
What are New York’s dog bite laws?
New York’s dog bite laws state that an owner of a previously determined “dangerous” dog is strictly liable for damages.
How can a Mineola premises liability lawyer help me?
A Mineola premises liability lawyer can help you by gathering evidence to support your case, submitting an insurance claim, taking legal action, and seeking to maximize compensation.
Disclaimer: The content provided on this blog is intended solely for informational and educational purposes and should not be construed as legal advice. While we strive to provide accurate and up-to-date information, laws and regulations change frequently, and specific cases may have unique circumstances that affect their outcome. Please note that in New York, while the general statute of limitations for personal injury claims is three years, certain cases (particularly those involving government entities) may have significantly shorter deadlines. For legal advice tailored to your specific situation, we strongly encourage you to contact our office to speak with a qualified attorney who can properly evaluate your case and provide appropriate guidance.